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Citation
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Judgment date
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| July 2020 |
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Court refused interim injunction halting EFRIS roll-out, upholding statutory powers and public interest in revenue collection.
Tax law – EFRIS implementation; interim relief – temporary injunction test (prima facie case, irreparable harm, balance of convenience); administrative law – ultra vires and procedural propriety; Statutory Instruments – effect of gazette notice under s.73A TPCA; public interest and revenue protection against injunctive relief.
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10 July 2020 |
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Application for review of administrative payment and verification orders dismissed for lack of error apparent, delay and abuse of process.
Civil procedure — Review of judgments — Section 82 Civil Procedure Act and Order 46 CPR — scope limited to mistakes apparent on face of record, new evidence, or sufficient reasons. Review v Appeal — disagreements with findings or exercise of discretion are appealable, not grounds for review. Powers of attorney and representation — challenge to agent authority requires appropriate forum and evidence; appointment of agents for disbursement may be administrative. Verification of judgment creditors — court may order verification and administrative measures to prevent misappropriation. Abuse of process and delay — prolonged delay and tactical filing before a different judge may constitute abuse.
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10 July 2020 |
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Plaintiff had no enforceable interest in mortgaged land; bank lawfully foreclosed and purchaser obtained good title; caveat vacated.
Property law – transfer of registered title – certificate of title conclusive (Registration of Titles Act s59) Mortgage/foreclosure – statutory demand/notice and public auction – purchaser protection (Mortgage Act s29) Privity of contract – private agreement between transferor and transferee not binding on bank Caveats – must protect legitimate interest; abusive caveat can be vacated Contempt – sale before injunction served is not contempt
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7 July 2020 |
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A suit against a non-existent company is incompetent and must be struck out; costs to be borne equally.
Civil procedure – incompetence – plaint instituted against a non-existent company – nullity; Amendment – misnomer vs non-existent party – cannot cure; Pleadings – duty to verify party identity; Costs – discretionary denial where defendant failed to correct misdescription.
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3 July 2020 |
| June 2020 |
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Judicial review granted where dismissal followed a biased, irregular investigation denying fair hearing; dismissal quashed and damages awarded.
Administrative law — Judicial review of quasi‑judicial decisions — Amenability where appointment challenged; natural justice — right to prior notice, disclosure and fair hearing; procedural impropriety — bias, committee outside recognized structures; remedies — certiorari, declarations, damages.
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30 June 2020 |
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Court found oral/casual employment established and awarded unpaid emoluments and general damages, but refused unproven special damages.
Employment law – casual/oral appointment – recognition of employment where work performed and official benefits (ID, housing) allocated.* Damages – unpaid emoluments recoverable where employment established.* Special damages – must be specifically pleaded and strictly proved; failure to adduce evidence leads to refusal to award.* General damages – awarded on restitution/compensatory principle for wrongful dismissal/eviction.* Civil procedure – court may formulate issues and decide on evidence even where parties fail to file submissions.
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24 June 2020 |
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Court authorised the applicant to hold the company's AGM electronically under s.142 due to COVID-19 restrictions.
Companies Act s.142 – court power to order alternative convening and conduct of company meetings where impracticable; Judicature Act s.33 – remedial jurisdiction; COVID-19 public-health restrictions as grounds for impracticability; Electronic/virtual annual general meetings; Standing of director to apply for court direction.
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22 June 2020 |
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Prisoners and diasporan Ugandan citizens aged 18+ have a constitutional right to vote; Electoral Commission must facilitate their registration.
Constitutional right to vote – Article 59 – prisoners and diaspora – State duty to take all necessary steps – Electoral Commission obligation – discrimination (Article 21) – ICCPR Article 25 and ACHPR Article 13 – absence of enabling law not a lawful excuse.
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17 June 2020 |
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Court refused interim injunction against enforcement of a statutory instrument, prioritising public interest and status quo pending review.
Administrative law – interim injunctions in judicial review – prima facie case, irreparable harm, balance of convenience; public interest and preservation of status quo when challenging statutory instruments.* Delegated legislation – challenges to statutory instruments as ultra vires; reluctance to suspend operation of law pending full hearing. *Public law remedies – courts cautious to grant injunctions that would frustrate public projects or create legal/operational vacuums.*
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15 June 2020 |
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15 June 2020 |
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Court held disputed house was matrimonial property; respondent’s occupation unlawful, ordered eviction, damages and costs.
Matrimonial property – characterization of property as matrimonial where spouses jointly contributed; evidence evaluation on appeal – appellate court may reassess credibility and weigh conflicting evidence; transfer/gift of matrimonial property – invalid without consent of both spouses while marriage subsists; unlawful occupation – entitlement to eviction, damages and costs.
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11 June 2020 |
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Court authorised a listed company to hold its AGM electronically under Companies Act s142 due to COVID‑19 restrictions.
Companies Act s.142 – court power to order meetings in alternative manner where prescribed convening is impracticable; Virtual AGMs; Compliance with Uganda Securities Exchange listing rules and prior no-objection; COVID‑19 public-health restrictions affecting corporate meetings.
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11 June 2020 |
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Court permitted a listed company to hold its AGM electronically under Companies Act s.142 due to COVID-19 restrictions.
Companies Act s.142 – Court power to order meetings held in manner it thinks fit where articles’ requirements are impracticable; COVID-19 public health restrictions as justification for electronic AGMs; Judicature Act s.33 – court’s remedial powers; compliance with Uganda Securities Exchange no-objection and listing rules.
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11 June 2020 |
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A judicial review of a university suspension may proceed against university governing bodies; preliminary objections dismissed.
Administrative law – Judicial review – Challenge to university suspension – Proper parties – university governing bodies and officers may be sued; preliminary objections to cause of action and non-existence of parties dismissed; fraud allegation not fatal to notice of motion.
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11 June 2020 |
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A pre‑receivership undervalued, unauthorised sale was set aside; respondent ordered to pay market value with interest and costs.
Insolvency Act s.195(1) – court directions to receivers; Pre‑receivership dispositions – setting aside undervalued/unauthorised sales; Bona fide purchaser for value – evidentiary burden; Remedies – restitution by payment of market value, interest, execution and possible committal; Costs awarded to receivers.
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11 June 2020 |
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A telecom breached a subscriber's constitutional right to privacy by releasing call records without lawful authorization.
Constitutional right to privacy – unlawful disclosure of subscriber call records – telecommunications provider's duty to verify and not disclose without lawful authorization; Fiduciary/confidential relationship between telecom provider and subscriber; Remedies – general damages, interest and costs for breach of privacy.
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11 June 2020 |
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Applicant’s judicial review dismissed for failure to exhaust statutory appeal despite Commissioner’s defective notice.
Administrative law – Judicial review – Commissioner of Land Registration’s amendment/cancellation of title – failure to give statutory notice – requirement to exhaust statutory remedies (s.91(10) appeal) – premature judicial review – costs awarded against respondent.
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11 June 2020 |
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The respondent was held in contempt for failing to implement its Staff Appeals Tribunal orders and mandamus, damages and costs were awarded.
Administrative law – judicial review – mandamus to compel performance of institutional appeal tribunal orders; contempt for failure to implement internal tribunal decisions; damages for non‑compliance; revival of lapsed timelines.
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11 June 2020 |
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Claim for electrocution damages dismissed because claimant was not respondent’s employee and acted with contributory negligence.
Employment law — determination of employee status; Occupational Safety and Health obligations of employers; contributory negligence; liability of principal versus subcontractor.
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11 June 2020 |
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Default judgment for unpaid indemnity; guarantor jointly liable; general damages and 18% interest awarded.
Civil procedure – Default judgment – Order 9 Rule 6 – liquidated demand where defendant fails to file defence; Contract – indemnification and guarantee agreements – guarantor liability for debtor's default; Remedies – decretal sum, general damages, interest and costs.
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11 June 2020 |
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Plaintiff entitled to judgment for unpaid credit supplies evidenced by 45 bounced cheques, with interest and costs awarded.
Commercial law – Recovery of debt under credit supply contract; bounced cheques as evidence of unpaid obligations; burden of proof on alleged payments; accounting records as primary evidence; award of contractual/commercial interest and costs.
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11 June 2020 |
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Court quashed internal supervisory appointments, ordered impartial supervision, fee relief, damages and costs.
Administrative law — Judicial review of university supervisory appointments — Grounds: illegality, irrationality, procedural impropriety — Remedies: certiorari, prohibition, mandamus — Legitimate expectation, damages, fee waiver.
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11 June 2020 |
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Plaintiff awarded refund, special and general damages with 25% interest for failure to deliver vacant possession.
Sale of land – deposit repayment – failure to deliver vacant possession or good title – default judgment – proof of special damages for surveying/subdivision expenses – award of general damages, interest (25% p.a.) and costs.
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10 June 2020 |
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Court refused to vacate vehicle caveats where creditor had a pending winding‑up petition and debtor offered no security.
• Civil procedure – caveat/flagging of vehicle registrations – whether caveat should be vacated pending creditor’s recovery/winding‑up proceedings.
• Insolvency – appropriateness of resolving insolvency and winding‑up disputes in the pending commercial court proceedings rather than in collateral applications.
• Security for debt – absence of guarantee or security as justification for maintaining caveat.
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10 June 2020 |
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10 June 2020 |
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Unauthorised donation of company equipment constituted conversion and breach of trust; respondent liable for restitution, damages, interest and costs.
Company law / employment – unauthorised disposal of company asset – conversion and breach of trust by employee. Equity – employee usurpation of business and formation of competing company following unauthorized donation. Remedies – restitution of value, general and exemplary damages, interest and costs. Set-off – application of outstanding employee loan against terminal benefits and award adjustments.
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10 June 2020 |
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Publication on voter‑register problems was held truthful, privileged and a fair public‑interest comment; the applicant's defamation claim dismissed.
Defamation (libel) – truth/justification as a complete defence – fair comment on matter of public interest – qualified privilege – absence of malice – burden of proof on defendant to show substantial truth.
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10 June 2020 |
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Unauthorized police disposal of a reported-stolen vehicle led to awards for vehicle value, lost income and general damages.
Property law/police conduct – Unauthorized disposal of a reported-stolen vehicle; conflict of interest and misappropriation by a police officer; State liability for actions of employees; awards for value, loss of income and general damages; interest and costs.
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10 June 2020 |
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Practice Directions on judicial recusal are within the Chief Justice’s administrative powers and not unlawful.
Administrative law – Chief Justice’s administrative powers under Article 133(1)(b) – Validity of Practice Directions on recusal – Judicial review grounds: illegality, procedural impropriety, irrationality – Right to fair hearing – Timing of appeals against recusal decisions.
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10 June 2020 |
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An unexplained five‑year delay and mistaken procedural choice do not justify extension of time for judicial review.
Judicial review — extension of time — applicant must show good cause; unexplained multi‑year delay is fatal. Procedural choice — enforcement of rights versus judicial review — wrong procedure cannot excuse lapse of limitation. Finality and institutional certainty — public bodies entitled to repose from stale challenges. Credibility and diligence — honest mistake must be credible and promptly remedied to justify extension.
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10 June 2020 |
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Seized title tied to alleged fraud: transfer to applicant declared illegal; police retention and cancellation ordered.
Property law – seizure of title by police – fraudulent transfer – bona fide purchaser protection not available where chain of title is founded on fraud – cancellation of illegal transfer and reinstatement of original registered owner – monetary relief to be pursued civilly.
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10 June 2020 |
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An advocate’s failure to disclose and account for client funds constituted professional misconduct; lien only protected taxed costs.
Advocates Act – lien – lien protects only legitimately held taxed costs; cannot justify nondisclosure of client funds. Advocates (Professional Conduct) Regulations – Regulation 8 & 29 – duty to disclose payments received on behalf of clients and to account promptly and correctly. Professional misconduct – Regulation 31 – failure to account for client monies and nondisclosure constitutes conduct unbecoming an advocate. Disciplinary procedure – quorum and panel composition under section 18. Sanctions – repayment, interest, costs and suspension as disciplinary remedies.
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10 June 2020 |
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Minority oppression claim dismissed; court found management lawful, petitioners committed fraud, director removed and damages awarded.
Company law – s.248 Companies Act – minority shareholder petition for unfair prejudice/oppression – proper party and jurisdiction; Memorandum of Agreement – majority investor’s management powers and buy-back option; Validity of calls on unpaid shares and forfeiture – notice/ service requirements; Distinction between corporate wrongs and unfair prejudice; Fraudulent acts by shareholders – unauthorized transactions, charges and accounts; Remedies – removal of director, damages, costs.
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8 June 2020 |
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Judicial review application dismissed as premature for failure to exhaust statutory appeal remedies against disciplinary interlocutory rulings.
Administrative law – Judicial review – supervisory jurisdiction to check illegality, irrationality and procedural impropriety. Procedural law – Exhaustion of statutory remedies – Appeal under disciplinary regulations as primary remedy. Administrative law – Prematurity – interlocutory decisions generally not amenable to immediate judicial review. Disciplinary proceedings – powers of Judicial Service Commission and scope of investigations and charge amendments.
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8 June 2020 |
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Court finds State took sufficient measures to secure food access during COVID‑19; application dismissed.
Constitutional law – implied right to food as part of right to life/livelihood; State duties under National Objectives XXII & XXIII; emergency relief, contingency funding and distribution mechanisms; justiciability of socio‑economic directives; administrative measures vs. formal food reserves.
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4 June 2020 |
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A dawn police raid without statutory records violated the mosque’s privacy and religious‑freedom rights; brief detention was justified.
Constitutional law – search and seizure – Police Act s.27 mandatory records and warrant requirements; unlawful search of place of worship; right to privacy (Art.27) and freedom of religion (Arts.29(1)(c),37) violated; temporary detention under Art.23(1)(c) justified; no proven breach of Art.24 (torture) – return of items and compensatory damages awarded.
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1 June 2020 |
| May 2020 |
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Initial interdiction lawful but its unexplained continuation beyond statutory time-limits was unlawful and is quashed; back pay ordered.
Administrative law – Interdiction/suspension of public officer – lawfulness and limits under Public Service Standing Orders – requirement for expeditious investigations (3/6 month limits). Judicial review – delay and abuse of process – prolonged interdiction without conclusion is arbitrary and liable to be quashed. Evidence/procedure – defective affidavits not based on deponent’s knowledge may be struck off. Remedies – certiorari to quash unlawful interdiction and order for reinstatement/back pay and costs.
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29 May 2020 |
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Searches and continued possession under statutory warrant powers were lawful; plaintiff failed to prove loss or unlawful occupation.
Search and seizure – execution of court warrants and statutory powers under the East African Community Customs Management Act (sections 157–158). Use of force – reasonableness of police/military deployment when securing premises during customs investigations. Unlawful occupation/trespass – effect of completed searches and circumstances justifying continued possession pending verification. Proof of special damages – requirement to plead and strictly prove alleged losses and corroborate claims.
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29 May 2020 |
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A plaintiff cannot set aside a dismissal for want of prosecution; available remedies are an appeal or a fresh suit.
Civil procedure – Dismissal for want of prosecution (Order 17 Rule 5) – Distinction from ex parte dismissal (Order 9) – Order 9 Rule 27 setting aside applies to defendants only – Plaintiff dismissed for want of prosecution’s remedies limited to appeal or fresh action.
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29 May 2020 |
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Registrar wrongly reversed company share register and ordered inspector costs without investigation or hearing.
Companies law – Registrar’s powers to rectify company register – quasi‑judicial exercise of power – need for investigation/inspectors’ report before affecting membership or property rights – natural justice/right to be heard – costs of inspection under s.179 – limits of summary corrective powers under Companies (Powers of Registrars) Regulations.
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29 May 2020 |
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Petition for winding up dismissed; investigation ordered due to insufficient proof of oppressive conduct.
Company law – oppression and prejudicial conduct – standard of proof on balance of probabilities Companies limited by guarantee / NGOs – continuity, public interest and protection of third parties Remedies – winding up vs. statutory investigation into company affairs; investigation as extraordinary remedy Evidence – burden of proof and need for credible, corroborated evidence before intrusive remedies
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29 May 2020 |
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The plaintiff awarded damages after defendant negligently left road barriers, causing vehicle write-off.
Negligence – Duty of care owed by road constructors – Liability for abandoning road barriers without warnings; Unchallenged evidence; Proof of special damages; Interest and costs.
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29 May 2020 |
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Contractor’s failure to warn about abandoned road barriers breached duty of care; plaintiff awarded damages, interest and costs.
Negligence – duty of care of contractors during roadworks – abandoning barriers without warnings – unchallenged evidence accepted – proof of special damages – award of general damages, interest and costs.
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29 May 2020 |
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Suspensions by a university principal were ultra vires; court quashed the suspensions and ordered salary refund and costs.
Administrative law – judicial review – amenability of decisions by university officials to judicial review – suspension/interdiction – ultra vires acts – jurisdiction of Appointments Board – procedural impropriety – relief by certiorari; defective affidavit and striking out.
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29 May 2020 |
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Extension of time to file affidavit in reply granted for substantive justice, subject to filing deadline and payment of taxed costs.
Civil Procedure – Extension of time – Order 51 r.6 CPR – applicant must show sufficient cause; court exercises discretion judicially. Extension criteria – three-fold test: sufficient reasons, absence of dilatory conduct, and whether injustice would result if refused. Imputation – negligence of company employee may be imputable but prompt remedial action can mitigate and justify extension. Substantive justice – Court may prefer hearing disputes on merits over technical defaults; conditions and costs may be imposed when granting extension.
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27 May 2020 |
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Claim for contractual reimbursement dismissed: clause applies only after part-payment and claimant failed to prove incurred costs.
Contract law – interpretation of contractual clauses – clause for reimbursement enforceable only upon part-payment; burden of proof – claimant must adduce evidence of incurred costs; contractual construction – context and business efficacy principles; claim dismissed for failure to prove entitlement.
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22 May 2020 |
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Taxing officer may fix instruction fees for declaratory suits; subject-matter value alone is not determinative.
Costs – Taxation – Instruction fees – Where plaint claims declaratory relief only, value of subject matter cannot be derived from extraneous evidence – Taxing officer’s discretion to fix fees guided by complexity, time and proportionality – Appellate interference only for wrong principle or manifest excessiveness causing injustice; omnibus challenges without specifics fail.
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22 May 2020 |
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Acknowledgement of debt found enforceable; 1st and 3rd plaintiffs awarded decretal sums, interest and costs.
Contract law – acknowledgement of debt – enforceability; Burden of proof and assessment of conflicting evidence; Remedies – payment of decretal sum, interest and costs; Abandonment of claim for failure to prosecute.
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22 May 2020 |
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Registered-post notice effective; Commissioner may correct errors but not cancel titles for fraud without court; application dismissed.
Service of notices – registered post to address on title deemed effective; Commissioner’s powers – may correct errors/irregularities but cannot cancel title for fraud without court; Natural justice – oral/personal hearing not always mandatory; Sub-judice – pending court proceedings do not automatically bar administrative action; Judicial review – focuses on process (illegality, irrationality, procedural impropriety).
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22 May 2020 |
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Court set aside judicial review orders because the applicant was not served and reinstatement would duplicate a Mailo title.
Judicial review – review for error apparent on the face of the record – requirement to serve/join persons directly affected under Judicature (Judicial Review) Rules, 2009 – right to be heard (natural justice, Article 28). Land law – Mailo land registration – impracticability of cancelling/reinstating certificate where it would create duplicate title. Exercise of review powers to correct patent procedural error.
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22 May 2020 |